South Dakota § 34A-6-1.12 - Maintenance of closure and post-closure accounts--Requirements.
Full text of South Dakota South Dakota Codified Laws § 34A-6-1.12 — Maintenance of closure and post-closure accounts--Requirements., with citation guidance and answers to common questions.
§ 34A-6-1.12. Maintenance of closure and post-closure accounts--Requirements.
In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post-closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to the facility.
(1) Money in the accounts may not be assigned or otherwise encumbered for the benefit of creditors with the exception of the state.
(2) Money in an account may not be used to pay any final judgment against a permittee arising out of the ownership or operation of the site during its active life or after closure.
(3) Conditions under which the department may gain access to the accounts and circumstances under which the accounts may be released to the operator after closure and post-closure responsibilities have been met shall be established by the board.
(4) Money in the accounts shall be exempt from execution by creditors except fines, penalties, or damages due the state.
(5) The annual financial statement submitted to the department shall include the current amounts established in each of the accounts and the projected amounts to be deposited in the accounts in the following year.
Source: SL 1989, ch 306, § 13.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34A-6-1.12
What does South Dakota Codified Laws § 34A-6-1.12 cover?
Section 34A-6-1.12 ("Maintenance of closure and post-closure accounts--Requirements.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 34A-6-1.12?
A common citation format is "South Dakota Codified Laws § 34A-6-1.12" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 34A-6-1.12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.